[Congressional Record (Bound Edition), Volume 156 (2010), Part 15] [Senate] [Page 22936] [From the U.S. Government Publishing Office, www.gpo.gov]EXECUTIVE SESSION ______ NOMINATION OF ALBERT DIAZ TO BE UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT The PRESIDING OFFICER. Under the previous order, the Senate will resume executive session to consider the following nomination which the clerk will report. The bill clerk read the nomination of Albert Diaz, of North Carolina, to be United States Circuit Court Judge for the Fourth Circuit. The PRESIDING OFFICER. Under the previous order, there will now be 2 minutes of debate equally divided. The Chair recognizes the Senator from Vermont. Mr. LEAHY. Mr. President, I yield my time to the Senator from North Carolina. The PRESIDING OFFICER. The Senator from North Carolina is recognized. Mrs. HAGAN. Mr. President, I am thrilled that after 11 months on the Executive Calendar, we are finally voting to confirm Judge Albert Diaz to the Fourth Circuit Court of Appeals. I have spoken about Judge Diaz's qualifications a number of times here on the floor, so I will not list them again. But let me say that every Senator should feel comfortable voting to confirm this excellent judge to the Federal bench. I have no doubt that as the first Hispanic judge on the Fourth Circuit, he will serve our Nation with distinction. The senior Senator from North Carolina, Mr. Burr, also strongly supports Judge Diaz. I wish to thank him for his work on this nomination. I wish also to thank the chairman of the Judiciary Committee for his tireless work to confirm so many desperately needed judges, including Judge Diaz. Judge Diaz will make an outstanding addition to the Fourth Circuit. I would urge all of my colleagues to support his nomination. I yield the floor. Mr. LEAHY. Mr. President, today the Senate will finally consider two judicial nominations that have been stalled for months on the Executive Calendar after being reported unanimously by the Judiciary Committee. The first nomination is Albert Diaz of North Carolina, who was nominated in November 2009 to fill a judicial emergency vacancy on the Fourth Circuit. His Republican home State senator, Senator Burr, asked nearly a year ago that the Judiciary Committee ``look for an expedited review and referral to the full Senate so that that deficiency on the fourth circuit can be filled.'' We did and the Judiciary Committee reported his nomination after unanimous rollcall vote--19 to 0--on January 28, nearly 11 months ago. There has been no explanation for the lengthy delays preventing final consideration of his nomination. Judge Albert Diaz is a respected and experienced North Carolina jurist who served in the Armed Forces. He has the support of both his home State Senators, Senator Hagan and Senator Burr. The ABA Standing Committee on the Federal Judiciary rated him unanimously ``well qualified'', and the North Carolina Bar Association has urged us to confirm him. When he is confirmed today, Judge Diaz will be the first Latino to sit on the Fourth Circuit. I congratulate Judge Diaz and his family on his confirmation. In addition to Judge Diaz, there are six more superbly qualified consensus circuit court nominees ready for consideration by the Senate, four of them for judicial emergency vacancies. Five of these were reported unanimously, and another was reported with the support of 17 of the 19 Senators on the Judiciary Committee. I predict all six would be confirmed with strong bipartisan support, and I hope all six can get up-or-down votes before the Senate adjourns. I yield the floor. The PRESIDING OFFICER. The Senator from North Carolina is recognized. Mr. BURR. Mr. President, I join my colleague from North Carolina in praising the nomination of Judge Albert Diaz, and urge my colleagues to approve this nomination. The Fourth Circuit has suffered for some time under partisan politics. Good nominees have fallen by the wayside, and that time needs to stop. Judge Diaz is immensely qualified for this position and will serve well on the court. He has proven himself already by earning a reputation as a fair and impartial judge, and also for dedicated public service in the Marines and his community. After the treatment of some of the nominees for the Fourth Circuit and what they were subjected to, I am impressed that we still have high caliber nominees such as Judge Albert Diaz who would step forward to go through the nomination process. It is a proud day that Judge Diaz is getting the vote that so many never did. I urge my colleagues to vote in favor of this nomination and get this good man on the Fourth Circuit. I yield the floor. The PRESIDING OFFICER (Mr. Leahy.) All time has expired. The question is, Will the Senate advise and consent to the nomination of Albert Diaz to be U.S. Circuit Judge for the Fourth Circuit? The nomination was confirmed. ____________________